returning resident after deportation

[Tony718 0]

In 1989 I received my green card. However, I was deported in 1999. I did accumulate five and seven years respectively for residency and green card status. September 26th 2023 I was returned to the United States through a parole to have a rehearing on the deportation order. My green card was restored. However, how is the 5 citizenship  requem est are met in this circumstance? I.e., how much longer do I have to wait to be eligible for citizen ship given the already earned requisite 5 years as an LPR; despite the immigration charges, my time as a LPT were not interrupted  for the physical presence of 5 years as required because the time the NTA was issued I already accumulated five years even up to the time of the final order in 1999. Thanks for those who replied with suggestion based on their experience.

Edited November 28, 2023 by Tony718

[SteveInBostonI130 3,357]

I assume they revoked your LPR status when they deported you?

[Dashinka 24,150]

Sounds like a case for a very competent immigration lawyer.  They need to review the ruling with respect to continuous residence and physical presence and see if they were re-instated back to the date you initially received your LPR status.

 

Good Luck!

[Crazy Cat 41,288]

These are not DIY questions, imo.  You need to ask your attorney. 

[JeanneAdil 6,400]

If u didn't ask at the court hearing,  read the court papers you have received for both the depoartation and the follow up hearing

 

How do I request records from immigration court?

 

and you should file a FOIA with EOIR here: https://foia.eoir.justice.gov. For your USCIS records, you can request them here: http://first.uscis.gov. letter soon acknowledging your requests, and within a few months, you will receive in the mail your immigration records on a CD.Jan 13, 2023

[Boiler 44,943]

Quite a fascinating question, the usual comment is that you go by the Resident since date on your GC, but then this is not a usual case. Makes me wonder what the GC date is.

[SalishSea 17,503]

10 hours ago, Tony718 said:

In 1989 I received my green card. However, I was deported in 1999. I did accumulate five and seven years respectively for residency and green card status. September 26th 2023 I was returned to the United States through a parole to have a rehearing on the deportation order. My green card was restored. However, how is the 5 citizenship  requem est are met in this circumstance? I.e., how much longer do I have to wait to be eligible for citizen ship given the already earned requisite 5 years as an LPR; despite the immigration charges, my time as a LPT were not interrupted  for the physical presence of 5 years as required because the time the NTA was issued I already accumulated five years even up to the time of the final order in 1999. Thanks for those who replied with suggestion based on their experience.

Were you deported for a CIMT?

[Demise 1,237]

15 hours ago, Tony718 said:

In 1989 I received my green card. However, I was deported in 1999. I did accumulate five and seven years respectively for residency and green card status. September 26th 2023 I was returned to the United States through a parole to have a rehearing on the deportation order. My green card was restored. However, how is the 5 citizenship  requem est are met in this circumstance? I.e., how much longer do I have to wait to be eligible for citizen ship given the already earned requisite 5 years as an LPR; despite the immigration charges, my time as a LPT were not interrupted  for the physical presence of 5 years as required because the time the NTA was issued I already accumulated five years even up to the time of the final order in 1999. Thanks for those who replied with suggestion based on their experience.

How'd you get it back? 212(c)? LPR cancellation of removal? Something else?

 

I am like 95% sure you'd have to do 5 years again before you can naturalize, if there is some case law that would permit you to somehow be treated as being in US or the deportation not breaking the residency period while you were not in US pending the appeals I do not know of any. Ask your lawyer, I doubt you DIY'd this.

 

Basically, the issue here is not when you became a resident, because they will restore you back to as if you were never deported and your resident since date will be in 1989, the thing that makes you wait is that absent some special case law you do not meet the physical presence requirement (spent at least past 30 months in US, no absences over 1 year, and some fuzzy math that I could never understand for absences 180-364 days).

Edited November 29, 2023 by Demise

[Chancy 6,239]

*** Moved from General Immigration-Related Discussion to US Citizenship General Discussion -- original question is about eligibility for citizenship ***

 

[Family 3,842]

On 11/28/2023 at 5:51 AM, Tony718 said:

In 1989 I received my green card. However, I was deported in 1999. I did accumulate five and seven years respectively for residency and green card status. September 26th 2023 I was returned to the United States through a parole to have a rehearing on the deportation order. My green card was restored. However, how is the 5 citizenship  requem est are met in this circumstance? I.e., how much longer do I have to wait to be eligible for citizen ship given the already earned requisite 5 years as an LPR; despite the immigration charges, my time as a LPT were not interrupted  for the physical presence of 5 years as required because the time the NTA was issued I already accumulated five years even up to the time of the final order in 1999. Thanks for those who replied with suggestion based on their experience.

Hats off to the post deportation relief attorneys who got you back

!!! 

Please share their names .. it’s a true pleasure to see a Win.

 

To get your N.400 / US citizenship

you will just need to wait five years from

date you got paroled back in ..you MUST have 5 years of Physical Presence to apply

You can DIY the N.400 when time comes , just show your green card, copy of paroled entry and IJ decision ( immigration judges order).

 

Am incredibly curious on how you won ..hope you give details ..thank you